TERMS

Digital Download Terms

These terms may have changed since you last reviewed them 

  1. These Terms
    1. These are the terms and conditions on which we provide access to the Infinite Samples platform and supply access to and downloads of digital audio content through our website https://infinitesamples.com (Site).
    2. Please read these terms carefully before you register, apply for access, pay the annual access fee, download any sound, request a licence, or place an order. These terms explain who we are, how platform access works, how licences are requested and granted, how fees are charged, and other important information.
    3. These terms apply together with any documents referred to in them, including (where applicable) our end user licence agreement for separate consumer products such as Kontakt instruments.
  2. About us and our products
    1. You can find everything you need to know about us, Infinite Samples Ltd, and our digital products on our website before you place an order
    2. You can contact us by emailing our customer service team at [email protected].
    3. If we need to contact you, we will do so by using the contact information you have provided to us when submitting your order.
  3. Industry Only Platform and Business Customers
    1. The Infinite Samples sound design catalogue and platform access is provided on an industry only basis to approved users. By registering and using the catalogue, you confirm you are acting wholly or mainly for the purposes of your trade, business, craft or profession.
    2. Certain products may still be sold to individual consumers for personal use, including our Kontakt Instrument (Pangea) and Kontakt FX Sampler (The Abyss). Those products are governed by the End User Licence shown on the Site and may have different rights and terms: https://infinitesamples.com/end-user-licence/
  4. Account Approval and Eligibility
    1. Access to the catalogue is restricted. You must apply for access and you may only use the catalogue if we approve your account.
    2. We may approve, refuse, suspend, or revoke access at our discretion, including where we believe use is inconsistent with these terms, where there is suspected misuse, or where you breach any licence terms.
    3. You agree to provide accurate and complete information when registering and to keep it updated. You are responsible for maintaining the security of your account and credentials.
  5. Annual Platform Access Fee
    1. The platform access fee is £79 GBP per person per year (plus VAT where applicable), unless otherwise agreed in writing.
    2. The access fee provides an approved user with access to browse, audition and download catalogue sounds for evaluation and internal testing purposes only. It does not include any licence to use sounds in released or public facing projects. Licences must be requested and agreed separately per use.
    3. The access fee is generally non refundable, except where required by applicable law or agreed by us in writing.
  6. Auditioning and Downloads (Evaluation Only)
    1. Approved users may browse, audition and download sounds from the catalogue for internal evaluation, mockups and testing.
    2. You must not publish, broadcast, distribute, sell, sublicense, share, upload, or otherwise exploit any downloaded sound (or any part of it) in any project without a licence granted by us in writing for that specific use.
    3. We may apply project and user specific watermarking or other identification measures to downloaded files and or licensed deliverables.
  7. License Requests, Quotes and Grant of Rights
    1. If you wish to use any sound in any project, you must submit a licence request through the Site (or as otherwise directed by us) before any release, distribution, publication, broadcast or commercial use.
    2. A licence is granted only when all of the following have occurred:
      3. We confirm approval in writing | You accept the quote and licence terms | You pay the applicable fee in full (unless invoicing terms are agreed in writing) | We provide written confirmation of the licence (and where relevant, delivery of a licensed file).
    3. Licence fees are quoted per use and may be calculated based on factors including (without limitation):
      4. Term (duration) | Territory (geographic scope) | Usage Type (for example: advertising, trailer, film, episodic television/streaming, games, broadcast, online) | Media and Distribution Channels | Exclusivity (if requested) | Project Context (for example, major brand campaigns or high profile productions) | Any other factors relevant to scope, risk, and value.
    4. Licences are project specific. A licence granted for one project does not grant rights for any other project, edit, cutdown, campaign extension, sequel, version, or reuse unless expressly agreed in writing.
    5. We may refuse any licence request at our discretion.
  8. Transformations & Derivatives Do Not Avoid Licensing
    1. You must obtain a licence even if you alter, transform, process, or modify a sound. This includes, without limitation: time stretching, pitch shifting, reversing, chopping, layering, EQ, compression, distortion, re-sampling, granular processing, convolution, de-noising, re-recording, or incorporating the sound into a derivative work.
    2. Any use that incorporates the original sound or any portion of it, whether recognisable or not, including where the sound has been transformed, constitutes use of the original sound and must be licensed.
    3. You must not attempt to remove, obscure, overwrite, or interfere with any watermarking or identification measures.
  9. Prohibited Uses & Content Rules
    1. You must not: Share account access or downloaded sounds with unauthorised third parties | Redistribute, resell, sublicense, or repackage sounds as standalone audio, sample packs, preset packs, libraries, or any competing catalogue | Use sounds for unlawful, defamatory, infringing, or otherwise illegal purposes.
  10. Price, Payment & VAT
    1. Prices shown on the Site exclude VAT unless stated. VAT will be charged where applicable.
    2. Licence fees must be paid before the licence is granted and before the sound is used, unless invoicing terms are agreed in writing.
    3. If we are unable to collect any payment owed, we may suspend access. We may charge interest on overdue amounts at 4% per year above the Bank of England base rate, accruing daily until payment is received.
  11. Suspension & Termination
    1. We may suspend or terminate your account and access immediately where we believe there is misuse, unauthorised distribution, breach of these terms, breach of licence terms, failed payments, or where required by law.
    2. On termination, you must stop using the platform. Any rights granted under paid licences remain subject to their specific terms, and all other use remains prohibited.
  12. Consumer Rights (Only Where Applicable)
    1. If you purchase consumer products as an individual consumer, statutory rights may apply. The Consumer Rights Act 2015 states that digital content such as our Kontakt Instrument (Pangea) and our Kontakt FX Sampler (The Abyss) must be as described, fit for purpose and of satisfactory quality. As a consumer, if the digital product is faulty or not as described, you are entitled to a repair replacement. If the fault cannot be fixed, or if hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show that the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. These rights do not apply to business customers but business customers may have a legal right to end the contract (or to have the digital content repaired or replaced or to get a full or partial refund if it cannot be repaired or replaced). Industry catalogue access is provided on a business to business basis and is not sold for personal use.
  13. Our Rights To Make Changes
    1. We may update the platform, catalogue delivery methods, pricing, workflows, and technical measures from time to time. We may also update these terms. Where appropriate, we will provide notice via the Site or by email.
  14. Liability
    1. We will provide the platform with reasonable care and skill.
    2. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
    3. Subject to clause 14.2, we are not liable for indirect or consequential losses, including loss of profits, loss of business, or loss of data.
  15. Personal Data
    1. We process personal data in accordance with our privacy policy and applicable UK data protection law, including the UK GDPR and the Data Protection Act 2018.
  16. Questions or complaints
    1. If you have any questions or complaints about the digital content on our site and/or which has been downloaded, please email our customer service team on [email protected].
  17. Additional Terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation, person, business or entity.
    2. If you are a business customer, you may only transfer your rights under this agreement if we provide prior consent in writing.
    3. Nobody else has any rights under this agreement. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. If a court or relevant authority of competent jurisdiction finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.
    6. We will process any personal data provided by you in accordance with our privacy policy and applicable data protections laws, including the UK General Data Protection Regulations and the Data Protection Act 2018. If you purchase a subscription plan, your data will be processed in accordance with the end user licence agreement.
    7. Nothing in this Licence limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation. We shall not be liable, however, to you for any loss of profits, loss of business, loss of data, or any indirect or consequential loss arising under or in connection with this Licence
    8. The terms of this agreement and any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

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